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Some Things to Consider When Filing a Lawsuit

It is the purpose of any country’s constitution to make sure that each of its citizen’s rights are protected throughout their lives. And yet, there are several people who do not get the right treatment that they deserve; thus, they need to be able to protect their own rights. Protecting one’s rights is established when the person opts to file a lawsuit against the person or persons that have done him or her wrong. When you talk about filing a lawsuit, you have to remember that such a process involves several steps that must be followed. You are guaranteed to win your case if you know and learn these steps throughout the process.

At the start of the entire process, the first thing that you must do is file your complaint and afterwards you must issue a summons. Both of these things contain a summary of what has particularly happened to you, the person responsible for the said incident, as well as what you want to receive as compensation from the court of law as payment for what you have lost. After filing and issuing of both of these things, the court clerk will then provide the necessary suit information to the person that has just been filed a lawsuit. If the information has already been passed on to the defendant, he or she will then provide an answer to the summons. Their answer to such summons usually goes in either of the two ways: first, the one accused may accept the suit or second, he or she may claim that it was not his or her fault but the fault of the prosecutor; thus, he or she will file a countersuit.

When the court of law has received the answer of the defendant, the case will then officially start and so the process of discovery then starts off. The process of discovery is defined as both parties gathering the necessary evidence to be provided as back-up for their side of the story. It is important to take note that whatever evidence both parties have they must be exchanged and registered so that both parties are lawfully protected and not at all caught of guard with a secret witness or any hidden evidence.

This is typically the time that the judge that will take part of the case will call upon a pretrial conference together with the prosecutor, defendant, and their respective lawyers. A pretrial conference must be done to avoid any delays in the court of law. This conference usually happens about a week before the start of the official trial. A settlement is sometimes achieved by the satisfaction of both parties through the pretrial conference.

When all of these steps are done, the trial now takes place. It is during this time that witnesses are brought in and evidences are presented. After hearing both sides, the judge will then give the jury time to deliberate on the case until they have reached a sound decision.

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